Problems Abound As Trump Appointed Judge Refuses DOJ’s Terrorism Statute for 1/6 Defendant And Sentences Him To Just 7+ Years

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ANALYSIS: Issues Abound As Trump Appointed Choose Refuses DOJ’s Terrorism Statute for 1/6 Defendant And Sentences Him To Simply 7+ Years

On Monday, Choose Dabney Friedrich declined to permit the DOJ enhanced sentencing below the terrorism statute for January sixth defendant Man Reffitt, 49 of Wylie, Texas who was affiliated with the Texas Three Percenters, and sentenced him to half of the time in jail that the DOJ requested.

The Choose expressed concern that as a result of the federal government had not beforehand sought so as to add enhancement of sentencing below the terrorism statute, it may trigger “unwarranted sentencing disparity.”

This ignores the testimony of police being physically assaulted by a mob encouraged by Reffitt, in addition to the truth that he had a handgun on his individual whereas on the Capitol assault. Not all the January sixth defendants dedicated the identical degree of assault on the federal government, so this “reasoning” appears specious and ill-judged.

The prosecution famous, “‘We believe the defendant brought more gear than almost anybody else’ who’s going to sentencing, AUSA Jeffrey Nestler says,” in keeping with WUSA9’s Jordan Fisher. Fisher added later that Man Reffitt informed a number of folks he “lit the match” on January sixth and bragged that nobody else was going up the steps till he did…. AUSA Nestler: ‘He was trying to take over our government. He wasn’t simply making an attempt to cease the vote… the terrorism enhancement is warranted by all of these elements. Not simply the defendant’s conduct on Jan. 6, however afterward.’”

The Choose appeared to work additional time because the protection, even positing that whereas Reffitt needed to be first to cost, that doesn’t make him a “leader.”

MacFarlane continued, “Prosecutor: Reffitt later bragged of his role in front of mob. ‘Controlling, causing, inducing other people to do what he wanted them to do’.”

Whereas Reffitt got here to DC with an AR-15 and a loaded pistol, the protection argued that he left his AK-47 in a automotive in Georgetown. We’re imagined to really feel grateful for this?

The DOJ sought a fifteen-year sentence for Reffitt. Reffitt was found guilty of multiple felonies, as the government said he carried a loaded gun onto Capitol grounds, led the charge against law enforcement, and sought to obstruct justice later.

Domestic terrorism is defined because the “under 18 U.S. Code § 2331 as “acts dangerous to human life” that happen primarily inside U.S. territory and are meant “(i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.”

On March 8, 2022 Reffitt was discovered responsible by a federal jury “of civil disorder, obstruction of justice, and other felony charges for his actions before, during, and after the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.”

Word the vital language about his disruption of the joint session of Congress convened to depend the electoral votes for the 2020 election.

Choose Dabney Friedrich, a Trump appointee, sought to put accountability for Reffitt’s actions on “mental health” points despite the truth that whereas folks with psychological well being points do enact violence, it’s comparatively unusual.

CBS Information Congressional Correspondent Scott MacFarlane shared:

Prosecutor, below questioning from decide, refers to Jan 6 instances as instances “about the attack on our democracy”

Essential framing for this case… and the general investigation of Jan 6

Prosecutor mentions “illegal gun silencer” at Reffitt dwelling after Jan 6. And prosecutor mentions allegation I referenced atop thread: Reffitt allegedly fired a gun close to his spouse after brandishing it in 2020

Choose calls it “insane” incident towards a spouse Reffitt “clearly loves

Judge Dabney Friedrich says there are clearly mental health issues in Reffitt’s case. “Arguably his mental health condition contributed to this offense.”

Prosecutor responds: “we don’t believe the defendant’s mental health contributed to the offense”

This can be a wedge between prosecutors and decide at this second.

Prosecutor: “He would benefit from mental health treatment.”

Choose: “His actions appear unhinged at times”

The American Psychological Association seeks to teach folks about this psychological well being false impression:

… (P)eople usually consider that individuals with psychological sickness are largely chargeable for incidents of mass violence and that individuals with psychological sickness are chargeable for a big share of group violence. But each views have been roundly debunked by analysis, says Swanson.

“We need to do some serious myth-busting around these ideas,” he says, “because people believe them, and they have real consequences.”

Certainly.

This perspective is regarding as a result of it’s based mostly on delusion and moreover, we don’t see this “concern” or “excuse” for felony habits utilized equally below the regulation for Black folks. If, for instance, Reffitt had been a Muslim who participated in and incited a home terrorist assault on this nation in addition to threatening his wife with a gun (she corroborated this and clarified it occurred twice, not as soon as, and she or he can be defending him in sentencing as we speak), I don’t assume we’d be listening to about his psychological well being as a cause to be lenient on him.

Friedrich additionally demonstrated a really troubling lack of expertise about home violence, not to mention the connection between DV and different violent assaults.

The Choose repeatedly dismissed Reffitt’s alleged threats against his children and his alleged pulling of a gun twice on his spouse, together with one time firing it close to her head, saying that he will need to have psychological well being points as a result of he so clearly loves his spouse.

MacFarlane’s Twitter thread continued:

Choose is repeatedly expressing concern about allegation of Reffitt firing gun close to his spouse’s head in 2020. However couches her concern saying Reffitt “clearly” loves spouse

Choose is troubled by Reffitt’s references to “1776”

Protection: Reffitt doesn’t need to put his household through struggling. And says his concern about household makes Reffitt much less more likely to offend sooner or later

There’s a whole lot of incorrect info being utilized by this Choose to find out easy methods to rule on this sentencing. She should be made aware that “a woman is 400% more likely to be killed by an abuser if there is a gun in the home.”

It’s right here that Judge Friedrich having not only dated Justice Brett Kavanaugh, but having dismissed a tip against him and vouched for his character comes into play. (Reminder: There were 4,500 tips against Kavanaugh that the FBI never investigated.) The accusations in opposition to Kavanaugh had extra advantage than we hear about and had been corroborated by a number of witnesses.

There’s a connection between home violence and sexual assault, and the sorts of people that justify each or on the very least allow it by denying it are the sorts of people that write off home violence as a psychological well being situation and assume it doesn’t make sense as a result of the person “loves” his spouse.

This defendant “traveled to Washington with an AR-15 semiautomatic rifle and a Smith & Wesson pistol.” He clearly owns weapons and has already threatened his spouse with a gun. He ranted about eager to hurt Speaker Pelosi.

Man Reffitt’s son Jackson Reffitt testified in opposition to him through the trial, and in reality he tipped the FBI off before the domestic terrorist attack. Jackson testified that he tipped the FBI off in December 2020 about his father’s January 6th plans.

There’s a relationship between home violence and mass shootings, which I’m extrapolating to increase to a home terrorist assault that concerned the transportation of a number of weapons as a result of the federal government doesn’t make public the traits of home violence perpetrators. The will to regulate an consequence shares the driving power behind intimate associate violence, nonetheless, and that’s coercive management. Some forms of domestic violence are qualified as “intimate terrorism.”

we don’t have research on home terrorism and home violence, however it will be reckless to disregard the info we do have.

“More than two-thirds of mass shootings are domestic violence incidents or are perpetrated by shooters with a history of domestic violence, according to one of the first peer-reviewed research papers exploring the links between domestic violence (DV) and mass shootings. The paper also finds that DV-related mass shootings are associated with higher fatality rates than mass shootings unrelated to DV,” a examine commissioned by the Educational Fund to Stop Gun Violence discovered.

Reffitt was sentenced to  seven plus years:

The situations of Reffitt’s launch had been already mentioned and it offers slap-on-the-wrist vibes. Examples include, “Learning first about some of the conditions for Guy Reffitt’s eventual supervised release. It will include an order prohibiting him from contacting or associating with any members of an extremist group, including the Texas Three Percenters, Oath Keepers, and Texas Freedom Force.”

This decide is hardly the one decide to be woefully misinformed about a number of points for which there are research and information. Nonetheless, her use of incorrect mythology surrounding psychological well being, home violence, and even home terrorism is noteworthy as a result of it seems an unjust utility of the regulation and one which stands to go away Reffitt’s spouse and kids in danger, in addition to additional hurt to our democracy given his promise to proceed on along with his 2020 election battle.

It additionally harms folks of coloration who’re handled like harmful criminals whereas merely strolling by neighborhoods. Any failure to use the regulation equally is a grave injustice and solely by pointing it out can we make progress. The identical compassion being proven to a white man who attacked his authorities and his personal spouse ought to both be prolonged to all or he must be handled as folks with darker pores and skin are.

The federal government might want to convey on psychological well being specialists to dispel this harmful and inaccurate delusion in future court docket proceedings with the January sixth defendants.



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